A Georgia appellate court generally will not review a complaint about your divorce trial that you never raised with the trial judge.
Object When It Happens
In Facey v. Facey, 281 Ga. 367 (2006), the trial court took most testimony at the final hearing by deposition and limited each side’s time to testify. Neither party objected, so the Georgia Supreme Court declined to review the procedure, explaining that “a party cannot ignore during trial that which he or she thinks to be error, take a chance on a favorable outcome, and complain later.” It affirmed.
Show What Excluded Evidence Would Have Been
In Moon v. Moon, 277 Ga. 375 (2003), the trial court refused to let a mother call her son’s psychologist, because she had not disclosed the psychologist as an expert witness. She never told the court what the psychologist would have said, so the Georgia Supreme Court held she could not get that ruling reviewed.
Findings Can Be Waived
In Grove v. Grove, 296 Ga. 435 (2015), a wife’s lawyer approved the final decree as to form without objecting that it lacked findings of fact on grandparent visitation. The Georgia Supreme Court held she could not raise the missing findings on appeal and affirmed. Requesting findings is covered in our post on findings of fact in a Georgia divorce.
In McCarthy v. Ashment-McCarthy, 295 Ga. 231 (2014), a husband first complained on appeal that his decree lacked the findings required for a child support deviation. Because he never raised it in the trial court, the Georgia Supreme Court held it waived.
Make Sure There Is a Record
Under OCGA 5-6-41(k), “any party may as a matter of right have the case reported by a court reporter at the party’s own expense.” Without a transcript, the appellate court presumes the evidence supported the judge, as our post on appealing a temporary order explains. Taking the appeal is covered in our post on how to appeal a Georgia divorce judgment.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!